15-060 Pavement Engineering, Inc., Construction management and asphalt testing consultant servicesMASTER AGREEMENT PO#: 2015-475 SERVICE ORDER PO#: 1 --~---
Maximum Compensation: $400,380 (amended 3/2/16)
Term: NTP: May 6, 2015 END DATE: June 30, 2016
Approval by: City Manager
City Council
D
D
Director D Date:
Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Construction Management for 2015 Pavement Maintenance Project -
Phase I, City Project No. 2015-22
D Description: Time and reimbursables between May 6, 2015 and June 30, 2016 for
service in accord with amended Master Agreement dated 3/2/16
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Amount of 1st Amendment to Master Agreement on 3/2/16
Total:
Previously Encumbered on MA:
Service Order #1
Service Order #2
Service Order #3
Amount Liquidated on Service Order #2 on 3/2/16
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-821900-921 SO# .1
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase I,
City Project No. 2015-22
(standard form consultantl\!?Ster agITe1nent-S Q October 20B)
Amount: $431,000
$82,672
$513,672
$305,380
$49,935
$75,685
$27,822.50
$110,494.50
$95,000
Service Order #1 (amended)
Page 1of2
Total Expended and Encumbered to date:
Master Agreement Balance:
APPROVALS
Consultant: ~
Director of Public ~:J<S:: Date:
Date:
3/;1//tf
3/tt ft~
$498,177.50
$15,494.50
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name: Date:
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase I,
City Project No. 2015-22
(standard form ~ons1_ilianU:iJ.ill'ter agreernc11t-S _Q October 2013)
Service Order #1 (amended)
Page 2of 2
MASTER AGREEMENT PO#: 2015-475 SERVICE ORDER PO#: 3 ------
. Maximum Compensation: $85,000 (amended 3/2/16)
Term: NTP: May 6, 2015 END DATE: June 30, 2016
Approval by: City Manager
City Council
D
D
Director D Date:
Item Number: Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Design I Construction Management Support for 2014 Sidewalk
Accessibility Improvements, City Project No. 2014-15
D Description: Time and reimbursables between May 6, 2015 and June 30, 2016 for
service in accord with amended Master Agreement dated 3/2/16.
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Amount of 1st Amendment to Master Agreement on 3/2/16
Total:
Previously Encumbered on MA:
Service Order #1
Service Order #2
Service Order #3
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Design I Construction Management Support for 2014 Sidewalk Accessibility Improvements
City Project No. 2014-15
(standard form. s;Qnsultant master agreement-S 0 October 2013)
Amount: $431,000
$82,672
$513,672
$400,380
$49,935
$75,685
Service Order #3 (amended)
Page 1of2
Amount Liquidated on Service Order #2 on 3/2/16
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-820 900-922 SO# _Q.
Total Expended and Encumbered to date:
Master Agreement Balance:
APPROVALS
----"'=-"~.......,.:Er"'~.------Date: 3 /11 /Jr,
r--"'7"'---t=-----Date: 3ji t/&
$27,822.50
$15,494.50
$9,315
$507,492.50
$6,179.50
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name: -~___,_,._ __ Date:
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Design I Construction Management Support for 2014 Sidewalk Accessibility Improvements
City Project No. 2014-15
(standard form consultant master agreemcnt:~Q October 2013)
Service Order #3 (amended)
Page 2 of 2
FIRST AMENDMENT TO MASTER AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND
PAVEMENT ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT AND
ASPHALT TESTING CONSULTANT SERVICES
This First Amendment to the Master Agreement between the City of Cupertino
and Pavement Engineering, Inc. for reference dated March 2, 2016, is by and between
the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Pavement
Engineering, Inc. whose address 3820 Cypress Drive, Suite 3, Petaluma, CA, 94954-6964,
and is made with reference to the following:
RECITALS:
A. On May 6, 2015 a master agreement was entered into by and between City
and Consultant (hereinafter "Master Agreement") for consultant services for
construction management and asphalt testing services.
B. City and Consultant desire to modify the Master Agreement on the terms
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 4 of the Master Agreement, "Consultant Compensation" is
modified to read as follows:
The maximum compensation to be paid to Consultant under this Master
Agreement shall not exceed Five Hundred Thirteen Thousand Six Hundred
and Seventy Two Dollars ($513,672). The rate of payment is set out in Exhibit
C, titled "Compensation", which is attached hereto and incorporated herein.
No payment shall be made under this agreement unless authorized by a fully
executed Service Order, beginning with Exhibit A-1. The sum of all Service
Orders authorized shall not exceed the maximum compensation for this
Master Agreement as defined above.
2. Service Order No. 1 and No. 3, previously issued under Exhibit B "Service
Order Process" to the Master Agreement are hereby modified as of March 2,
2016, to amend the maximum compensation to be paid to Consultant and
amended Service Order No. 1and3, are attached hereto.
3. The above changes were due to circumstances outside of the control of the
parties and are made to adjust to the changed circumstances.
4. Except as expressly modified herein, all other terms and covenants set forth
in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Master Agreement to be executed.
CONSULTANT
By <J:14v:
Title e,..h?~/17/
Date 3/i/;/~
APPROVED AS TO FORM:
CITY OF CUPERTINO
A Mi1 i a1 corzti:n I --By: c--•
Title c f~.11 flt\;;,,,,;rv-
7
RECOMMENDED FOR APPROVAL:
By: Ro~ -.er L c-v
Title Ass:t-o~~cA-or-~ ~b\,'c_. Weir lcs
Ralph Stevenson Hom
~ity Attorney
ATTEST:
~2L11'Jt
Grace Schmidt 3 ·-J ()-(b
City Clerk
Account Nos: By Service Orders
Total Contract Amount: $513,672
Amendment #1 Amount $82,672
MASTER AGREEMENT PO#: 2015-475 SERVICE ORDER PO#: 1 -~~---
Maximum Compensation: $305,380
Term: NTP: May 6, 2015 END DATE: June 30, 2016
Approval by: City Manager
City Council
D
D
Director D
Item Number:
Consultant: Firm Name: Pavement Engineering, Inc.
Date:
Date:
Address: 3820 Cypress Drive, Suite 3, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Construction Management for 2015 Pavement Maintenance Project -
Phase I, City Project No. 2015-22
D Description: Time and reimbursables between May 6, 2015 and June 30, 2016 for
service in accord with Exhibit A-1 of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public W arks Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $431,000
Previously Encumbered on MA: $ 0
Amount of previously Encumbered balance expended: $ 0
Amount available to be Encumbered for a SO: $431,000
ENCUMBER: Account No. 270-85-821 900-921 SO# _.1 $305,380
Total Expended and Encumbered to date: $305,380
Master Agreement Balance: $125,620
City of Cupertino
Construction Management & Asphalt Testing -PEI; Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase I,
City Project No. 2015-22
(sti1ndi1rd form ,::grn'Jtlli1lllJ1~;i:~L~Jgtr,'•~m<d.!Jl::S_Q Octobc1· 2tllJ)
Service Order #1
Page 1of2
APPROVALS
-----,.~~"E" ...... ~---""..::;_----Date:
..,,..:-~i!-=,,,,_ _____ Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name:
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase I,
City Project No. 2015-22
(slzrndil.rd form ccHJ~_tlHslL!Lrncl8:<;Li!)!;E'_t;'lili,;I1t-S Q October 2013)
Service Order #1
Page 2 of 2
fiJ _P_a_ve __ m~e_n_t_E_n_g_in_e_e_ri_in_g~ln_c_.~~~~~~~~--~~-
You can ride on our reputation
March 30, 2015
Mr. Roger Lee
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Subject: SCOPE OF SERVICES
2015 Pavement Maintenance Phase 1
Dear Roger:
MP15-152
This letter provides our proposed scope of work and hours relating to the subject
project. The scope is divided into three sections for Contract Administration, Inspection
and Laboratory Testing. The hourly and test rates are based on the current fee
schedule which is part of the Master Agreement. The work scope will be consistent as
provided to the City during the past years projects. The estimated construction value of
the project is $6,000,000.
Contract Administration
The scope of services provided under contract administration include reviewing
submittals, meetings, documenting pay quantities, preparing project records, keeping
track of weekly statement of working days, field review of potential construction issues,
responding to RFls, preparing RFQs, preparation of change orders, estimating the cost
of potential change order work, schedule coordination, etc. The hours and fees relating
to this work are identified in the attached printout.
Inspection
Inspection work consists of providing experience technicians in asphalt paving materials
and construction. It includes providing density testing with a nuclear gauge and coring if
necessary to verify compaction. The work includes complying to Prevailing Wage
requirements relative to employee compensation. The hours and fees relating to this
work are identified in the attached printout.
Serving California since 1987
www.pavementengineering.com
Mr. Roger Lee
MP15-152
March 30 1 2015
Page2
Laboratory Testing
Laboratory testing includes materials tests to assure the City that the materials supplied
to the City are in general accordance with the project special provisions and applicable
Caltrans Standards. The tests and number of proposed tests are identified in the
attached printout.
The overall fee for this work is not to exceed $305,380.
If you have any questions, please contact me.
Senior Civil Engineer
Attachment: Fee and Hours Breakdown
W:\Shared\R Drlve\Buslness\Text\Markating\Proposals\Proposals2015\MP15-152_pr.docx
Proposal Information
MP Number Name . Manager Project Type Project Cost
MP15"152 Cupertino 2015 Phase 1 Inspection and Testing Paul Curren Roads $0 (Engineers Estimate)
cnent
Cupertino, City of, Roger S. Lee
TaslcA
Phase A -Contract Administration --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
300 -Senior Principal Engineer $195 125.00 $ 24,375.00
301 -Principal Engineer/ Lands $175 30.00 $ 5",'250.00
306 -Senior Engineering Techni $130 400.00 $ 52,000.00 ..
309 -Chargeable Clerical $65 5.00 $ 325.00
Phase Total $81,950.00
Phase B -Inspection --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
340 -PW Project ·inspector $150 600.00 $ 90,000.00
341 -PW Laydown Inspector $150 320.00 $ 48,000.00
_342 -PW Compaction Testing $150 320.00 $ 48,000.00
343 -PW Project Inspector -Ov $185 110.00 $ 20,350.00
344 -PW Project Inspector -Do $210 1.00 $ 210.00
348 -PW Travel $0 100,00 $ 0.00
Phase Total $2061560.00
Phase C -Laboratory Testina ... 400 Code: 400 Evaluation
Description TOW~ Position/Test Rate Units Total r
505 -Sample Pickup $130 20.00 $ 2,600.00
523 -Total Sieve Analysfs (AST $125 10.00 $1,250.00
529 -Sand Equivalent (ASTM 024 $110 10.00 $ 1, 100.00
552 -Maximum Theoretical Unit $125 20.00 $ 2,500.00
553 -Unit Weight, Core Specime $55 20.00 $1,100.00
554 -Asphalt Content (Ignition $160 10.00 $ 1,600.00
shipping fees 499 -Other (not to be used as $1 120.00 $ 120.00
570 -AC Mix Test (CT 304/308/3 $525 8.00 $ 4,200.00 --566 -Burnoff Calibration (CT 3 $250 2.00 $ 500.00
572 -HMA Production Startup $950 2.00 $ 1,900.00
Phase Total $16,870.00
..
J Proposal Total $30~,380.00 I
MASTER AGREEMENT PO#: 2015-475
Maximum Compensation: $49,935
Term: NTP: May 6, 2015
Approval by: City Manager
City Council
D
D
SERVICE ORDER PO#: 2 -~=-----
END DATE: June 30, 2016
Director D
Item Number:
Date:
Date:
Consultant: Firm Name: Pavement Engineering, Inc.
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Construction Management for 2015 Pavement Maintenance Project -
Phase II, City Project No. 2015-24
D Description: Time and reimbursables between May 6, 2015 and June 30, 2016 for
service in accord with Exhibit A-2 of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amount: $431,000
$305,380
$ 0
$125,620 Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-821 900-921 SO # .2 $49,935
Total Expended and Encumbered to date: $355,315
Master Agreement Balance: $75,685
City of Cupertino Service Order #2
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase II,
City Project No. 2015-24 Page 1 of 2
r~t;mdard form CU11.'iUlta.nt 111C1.<;ter ngrec•J.rn:nt·S 0 Octoh:r 201 })
APPROVALS
Consultant: ~~
Director of Public~:::/ Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name:
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Construction Management for 2015 Pavement Maintenance Project -Phase II,
City Project No. 2015-24
(sl;:mdi1rd lorm 1;.Jil~':il!HPDLlih1?.\<..'.L_,1g:nTrllL:JJJ~:2J.) OclobL'i-2lll3)
Service Order #2
Page 2 of 2
Pavement Engineering Inc. fiJ -------·---------------
You can ride on our reputation
April 2, 2015
Mr. Roger Lee
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Subject: SCOPE OF SERVICES
2015 Pavement Maintenance Phase 2
Dear Roger:
MP15-152-B
This letter provides our proposed scope of work and hours relating to the subject
project. The scope is divided into three sections for Contract Administration, Inspection
and Laboratory Testing. The hourly and test rates are based on the current fee
schedule which is part of the Master Agreement. The work scope will be consistent as
provided to the City during the past years projects. The estimated construction value of
the project is $600,000.
Contract Administration
The scope of services provided under Contract Administration include reviewing
submittals, meetings, documenting pay quantities, preparing project records, keeping
track of weekly statement of working days, field review of potential construction issues,
responding to RFls, preparing RFQs, preparation of change orders, estimating the cost
of potential change order work, schedule coordination, etc. The hours and fees relating
to this work are identified in the attached printout.
Inspection
Inspection work consists of providing experienced technicians in asphalt paving
materials and construction. It includes providing density testing with a nuclear gauge
and coring if necessary to verify compaction. The work includes complying to Prevailing
Wage requirements relative to employee compensation. The hours and fees relating to
this work are identified in the attached printout.
Serving California since ·/987
W:\Shared\R Drlve\Buslness\Text\Marketlng\Proposals\Proposals2015\MP15-152-B pr.docx
www.pavementengineering.com
Mr. Roger Lee
MP15-152-B
March 30, 2015
Page2
Laboratory Testing
Laboratory Testing includes materials tests to assure the City that the materials
supplied to the City are in general accordance with the project special provisions and
applicable Caltrans Standards. The tests and number of proposed tests are identified in
the attached printout.
The overall fee for this work is not to exceed $49,935. The proposed free for this project
is higher for two reasons: The contract administration costs are not directly proportional
to the contract costs and the anticipated inspection time of 30 days is longer than would
be expected for an asphalt project as the daily installed cost of the work is considerably
less.
If you have any questions, please contact me.
Senior Civil Engineer
Attachment: Fee and Hours Breakdown.
W;\Sharad\R Drlve\Buslness\Texl\Marketlng\Proposals\Proposals2015\MP 15-152-B _pr.docx
Proposal Information
MP Number Natne Man~ger Project Type Projecl Cost
MP15-152 Cupertino 2015 Phase 1 Inspection and Testing Paul Curren Roads $0 (Engineers Estimate)
Client
Cupertino, City of, Roger S. Lee
.... ·-......
'•
Tasl< B
Phase A -Contract Administration --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total --
300 -Senior Principal Engineer $195 20.00 $ 3,900.00
301 -Principal Engineer/ Lands $175 4.00 $ 700.00
306 -Senior Engineering Techni $130 40.00 $ 5,200.00
309 -Chargeable Clerical $65 1.00 $ 65.00
Phase Total $9,865.00
Phase B -Inspection --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
340 -PW Project Inspector $150 240.00 $ 36,000.00
343 -PW Project Inspector -Ov $185 6.00 $ 1, 110.00
344 -PW Project Inspector-Do $210 1.00 $ 210.00
348 -PW Travel $0 20.00 $ 0.00
Phase Total $37,320.00
Phase C M Laboratorv Testing --400 Code: 400 Evaluation .
·Description TOW ~ Position/Test Rate Units Total
505 -Sample Pickup $130 4.00 $ 520.00
523 -Total Sieve Analysis (AST $125 4.00 $ 500.00
"
528 -Cleanness Value (CTM 227) $115 1.00 $ 115.00
529 -Sand Equivalent {ASTM 024 $110 4.00 $ 440.00
530 -Durability Factor (ASTM D $115 1.00 $ 115.00
561 ~ Extraction, Percent Bitum $255 4.00 $ 1,020.00
shipping fees 499 -Other (not to be used as $1 40.00 $ 40.pO
Phase Total $2,750.00
Breakdown total
Item Amount
400 $49,935.00
Total $49,935.00
MASTER AGREEMENT PO#: 2015-475 SERVICE ORDER PO#: 3 -~'-----
Maximum Compensation: $75,685
Term: NTP: May 6, 2015 END DATE: June 30, 2016
Approval by: City Manager
City Council
D
D
Director D
Item Number:
Consultant: Firm Name: Pavement Engineering, Inc.
Date:
Date:
Address: 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613
Contact: Mike Wasden Phone: (707) 769-5330
PROJECT DESCRIPTION
Project Name: Design I Construction Management Support for 2014 Sidewalk
Accessibility Improvements, City Project No. 2014-15
D Description: Time and reimbursables between May 6, 2015 and June 30, 2016 for
service in accord with Exhibit A-3 of the Master Agreement (attached
hereto for reference)
D Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Roger Lee
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Amount of previously Encumbered balance expended:
Amount available to be Encumbered for a SO:
ENCUMBER: Account No. 270-85-820 900-922 SO # _Q
Amount: $431,000
$355,315
$ 0
$75,685
$75,685
Total Expended and Encumbered to date: $431,000
Master Agreement Balance: $0
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Design/ Construction Management Support for 2014 Sidewalk Accessibility Improvements
City Project No. 2014-15
istand:itd form \J.JnsuJt.1nt ma~kr agn~<.'tllent-S 0 Oc:toher 20111
Service Order #3
Page 1of2
__ _..:_ ___ ~~==i!!"4------Date:
.,..::::::::::::~~:::=!t::=:=:..--Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above frmd for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Name:
City of Cupertino
Construction Management & Asphalt Testing -PEI, Inc.
Design/ Construction Management Support for 2014 Sidewalk Accessibility Improvements
City Project No. 2014-15
Service Order #3
Page 2 of 2
liJ Pavement Engineering Inc.
------·--··-·----------------·---·----------N--·-------·----·--------..-·-·---·······--·--····-·--------·--·-·----···-
You can ride on our reputation
April 21, 2015
Mr. Roger Lee
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Subject: 2015 Sidewalk Accessibility Improvement Project
MP15-1988
Proposal for Design, Contract Administration & Inspection Services
Dear Roger:
This letter provides our proposed scope of work and hours relating to the subject project.
The scope is divided into three sections: Ramp Design, Contract Administration and
Inspection. The hourly and test rates are based on the current fee schedule which is part
of the Master Agreement. The work scope will be consistent as provided to the City during
the past years projects.
Ramp Design
This task involves designing ADA ramps in the field to provide limits of removal and
quantities of work. The work product will consist of a hand-drawn scaled site sketch with
elevations, slopes and dimensions necessary to determine the limits of the proposed
ramp repair, for each ramp location. Copies of the designs will be reviewed with the City
staff and contractor as necessary. The estimated number of ramps to be designed is
156. The designs will conform to the criteria provided by the ADA compliance person
whenever existing slopes make full compliance unfeasible.
Contract Administration
The scope of services provided under Contract Administration includes reviewing
submittals, attending meetings, documenting pay quantities, preparing project records,
keeping track of weekly statement of working days, field review of potential construction
issues, responding to RFls, preparation of change orders and estimating the cost of
potential change order work, schedule coordination, etc. The hours and fees relating to
this work are identified in the attached printout. These services will be provided as
requested by and under direction of the City for specific tasks to be accomplished in
support of City staff.
W:\Shared\R Drive\Business\Text\Marketing\Proposals\Proposals2015\MP15-198B_pr.docx
Mr. Roger Lee
MP15-198B
April 21, 2015
Page 2
Inspection
The scope of inspection services will include review of each completed ramp to verify total
area of concrete repair and to evaluate compliance of new curb ramp with regards to
slopes, dimensions, etc. A punch list will be prepared identifying any items that require
correction and provided to the City and Contractor.
Fee
The fee for this work is not to exceed $75,685. A breakdown of hours and fees is
attached.
If you have any questions, please don't hesitate to contact me at 530-224-4535.
Very truly yours,
PAVEME ::r.: ENGINEERING INC.
Paul R. Curren, P.E.
Senior Civil Engineer
Attachment: Hours and Fees Breakdown
W:\Shared\R Drive\Business\Text\Marketing\Proposals\Proposals2015\MP 15-1988 _pr.docx
lil '
.
Project: 150118 -Cupertino 2015 Phase 1 Inspection and Testing
Task: 03 ADA Contract
Client: -
Phase A -Contract Administration --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
300 -Senior Principal Engineer $195 30.00 $ 5,850.00 -------------·------------------
301 -Principal Engineer/ Lands $175 4.00 $ 700.00 ---··--------·----·-·----·--------------------·-----
306 -Senior Engineering Techni $130 20.00 $ 2,600.00 ,____ ______________________ _
309 -Chargeable Clerical $65 1.00 $ 65.00 !--·---------·-------·--·--------------------------
Phase Total $9,215.00
Ph ase B I f -nspec ion --400 C d 400 E I f o e: va ua ion
Description TOW -Position/Test Rate Units Total
---· -·--------------
340 -PW Project Inspector $150 60.00 $ 9,000.00
-·
343 -PW Project Inspector -Ov $185 6.00 $1,110.00
344 -PW Project Inspector -Do $210 1.00 $ 210.00
348 -PW Travel $125 0.00 $ 0.00 --
Phase Total $10,320.00
Ph ase C D -esign R amps --4 00 C d 0 E I o e:40 va uat1on
Description TOW -Position/Test Rate Units Total -
496 -Travel (not to be used as $250 20.00 $ 5,000.00
-
260 -Project Travel $75 48.00 $ 3,600.00
200 -Senior Principal Engineer $195 50.00 $ 9,750.00
206 -Senior Engineering Techni $130 180.00 $ 23,400.00
207 -Engineering Technician (M $80 180.00 $ 14,400.00
~·
Phase Total $56,150.00
Breakdown total
Item Amount
400 $75,685.00
Total $75,685.00
fiJ Pavement Engineering Inc.
You can ride on our reputation
April 21, 2015
Mr. Roger Lee
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Subject: SCOPE OF SERVICES
2015 Sidewalk Accessibility Improvement Project
Dear Roger:
MP15-198
This letter provides our proposed scope of work and hours relating to the subject
project. The scope is divided into two sections for Contract Administration and
Inspection. The hourly and test rates are based on the current fee schedule which is
part of the Master Agreement. The work scope will be consistent as provided to the City
during the past years projects.
Contract Administration
The scope of services provided under Contract Administration include reviewing
submittals, meetings, documenting pay quantities, preparing project records, keeping
track of weekly statement of working days, field review of potential construction issues,
responding to RFls, preparing RFQs, preparation of change orders, estimating the cost
of potential change order work, schedule coordination, etc. The hours and fees relating
to this work are identified in the attached printout. These services will be provided as
requested by and under direction of the City for specific tasks to be accomplished in
support of City staff.
Inspection
Inspection work consists of providing experienced technicians in asphalt paving
materials and construction. It includes providing density testing with a nuclear gauge
and coring if necessary to verify compaction. The work includes complying to Prevailing
Wage requirements relative to employee compensation. The hours and fees relating to
this work are identified in the attached printout. These services will be provided as
requested by and under direction of the City for specific tasks to be accomplished in
support of City staff.
Serving Ca/ifomia since 1981
W:\Shared\R Drive\Business\Texl\Markellng\Proposals\Proposals2015\MP1s.·f96 pr.docx
www.pavemenlenuineering.com
Mr. Roger Lee
MP15-198
April 21, 2015
Page2
The overall fee for this work is not to exceed $19,535. A breakdown of hours and fees is
attached.
If you have any questions, please contact me.
Very truly yours,
PAVE J" ENGINEERING INC.
d~
Paul R. Curren, P.E.
Senior Civil Engineer
Attachment: Hours and Fees Breakdown
W:\Shared\R Drlve\Buslness\Texl\Markeling\P roposals\P roposa ls201 5\MP 15-198 _pr.docx
HOURS AND FEES
Proposal Information
MP Number Name Manager Project Type Project Cost
MP15-198 Cupertino ADA Contract Paul Curren Roads $0 (Engineers Estimate)
Client
Cupertino, City of, Roger S. Lee
Task A
~--·-------·----------~·~~~---~-~~~·-------------------------··~--·~--·
Phase A M Contract Administration --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
300 -Senior Principal Engineer $195 30.00 $ 5,850.00
~·,.,._._.•----••-•••-•••ro-...w~•--•-•~~"~"'~,,....,_,.~-••-•"""-~'-'-'r-•--•-'•"·-"~••••-••••·••••-••••-••••-•"•"-"'_'_"'"'_'_' ____ ,_,, ___ ,_,.~-~·-~"'-"~"""---•-~··"--'~
301 -Principal Engineer/ Lands $175 4.00 $ 700.00
------·-··-~-------------·-------------------------------·-··-----.. ··--···--··--···--··-·--·---~-·-·~ .. ---·····-·--~·-·"-·"·-·~"-"-~-·-·~"···-·.......,_., .. ,_~~·-"""~-
306 -Senior Engineering Techni $130 20.00 $ 2,600.00
•m __ ,,_ .... ~,.,,,~N-OMM" ____ ,, __ ,_, .. ....__....,.,,_, ....... _,~_,,,,,, ........... n~'''"·-·~-......... ,,. ............................ ,_.,..,..,~ .. n.......,, __ , ___ ~~--~'~UNON-U---·----·--·'M
309 -Chargeable Clerical $65 1. 00 $ 65. 00
Phase Total $9,215.00
Phase B -Inspection --400 Code: 400 Evaluation
Description TOW -Position/Test Rate Units Total
340 -PW Project Inspector $150 60.00 $ 9,000.00
343-PWProject Inspector-Ov $185 6.00 $1,110.00
--·~~~NOMU~---·~-~----·--·-·~·-·•-·M ___ ., ____ ,,~ ... ~-,~·--·-·---'~"'""",..,,....,,,,_""....,._....,..,, ..... ,,.,,,..,", ..... ~ ... N,,........,.,...,.....,..,_,...._..,_._,,.....,_, ...... _..,,,,,_. ___ _
344 -PW Project Inspector-Do $210 1.00 $ 210.00
~ ...... ,........,.,_..,,._,.,_,......, ......... ,~,,.-.... ,-_.~-,. ... ._.,,_.,,..,_,._.,_,.......__...,_.~-·"'-'""""-~'"~--~~n~~ ... ~-·--~-·-... -"_~-H~~-~·~,,-.. .,~-·w~----··~-.. ~·-·~·-·--
348 -PW Travel $0 20.00 $ 0.00
Phase Total $10,320.00
Breakdown total
Item Amount
400 $19,535.00
···----·--~-------·-·--
Total $19,535.00
Proposal Total $19,535.~
o It mot - x{.75_
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PAVEMENT ENGINEERING INC.F'OR CONST'RUCT'ION MANAGEMENT AND
ASPHALT TESTING CONSULTANT SERVICES
THIS MASTER AGREEMENT,for reference dated May 6, 2015, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and,
PAVEMENT ENGINEERING, INC. whose address is3820 Cypress Drive, Suite 3,
Petaluma, CA, 94954-6964; telephone no. (707) 769-5330(hereinafter referred to as
Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B.Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for Program
andProject Management Services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on June 30, 2016 unless terminated earlier as set forth
herein. At City's sole discretion, City may exercise an option to extend the contract term
for up to six months. This City shall exercise this option, in writing, on or before June 1,
2016.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 1 of 14
2. SCOPE OF SERVICES
Consultant shall provide services under this Master Agreement on an "as
needed" basis and as set forth in, Exhibit A, Scope of Services, and as specifically
defined in a fully executed Service Order as set forth in Exhibit B, Service OrderProcess;
both Exhibits which are attached hereto and incorporated herein by this reference. The
City has sole discretion to authorize any Service Order and has no obligation to do so
under this Master Agreement.
3. SCHEDULE OF PERFORMANCE:
All Consultant services under this Master Agreement shall be completed on or
before the end of the Master Agreement Term. Each authorized Service Order shall
include its own defined Schedule of Performance. In no case shall any Service Order's
schedule of performance extend beyond the Master Agreement Term.
4. CONSULTANT COMPENSATION:
The maximum compensation to be paid to Consultant under this Master
Agreement shall not exceed Four Hundred Thirty One Thousand Eight Hundred and
Zero Dollars ($431,000). The rate of payment is set out in Exhibit C, titled
Compensation", which is attached hereto and incorporated herein. No payment shall
be made under this agreement unless authorized by a fully executed Service Order,
beginning with Exhibit A-1. The sum of all Service Orders authorized shall not exceed
the maximum compensation for this Master Agreement as defined above.
5. METHOD OF PAYMENT:
The method of payment for services performed under this agreement is set out in
Exhibit C, titled "Method of Payment", which is attached hereto and incorporated
herein. Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each authorized Service
Order, clearly stating; the total Contract amount, amount paid to date, the work
performed and percent complete, and amount due.
All requests for payment from Consultant to City shall be addressed to the City to:
Attention: Roger Lee
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 2 of 14
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a professional that specializes in performing professional services of
a like nature and complexity, and agrees that all services shall be performed by
similarly qualified and experienced personnel who are not employed by the City nor
have any contractual relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the'relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of-his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 3 of 14
Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
11. PROJECT COORDINATION
CITY: The Director of Public Works, or designated agent, shall be representative
of City for all purposes under this Agreement. Roger Lee is hereby designated as the
Director of Public Works' agent and shall supervise the progress and execution of this
Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Executive to
have overall responsibility for the progress and execution of this Agreement for the
Consultant. If, subsequent to the execution of the Agreement, circumstances or
conditions require a substitute Consultant Project Executive for any reason, the
proposed replacement Consultant Project Manager shall be subject to the prior written
acceptance and approval of the City Director of Public Works or the above named
designated agent.. The designated Consultant Project Executive for the Agreement term
shall be Paul Curren.
12. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
Where Consultant's services fall within Civil Code Section 2782.8 and where the law
establishes a standard of care for Consultant's professional services, and to the extent
the Consultant breaches or fails to meet such established standard of care, or is alleged
to have breached or failed to meet such standard of care, Consultant shall, to the fullest
extent allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless the City and its officers, officials,
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 4 of 14
agents, employees and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including any injury to or
death of any person or damage to property or other liability of any nature, that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
Consultant or Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel
of City's choice, expert fees and all other costs and fees of litigation. Consultant shall
not be obligated under this Agreement to indemnify City to the extent that the damage
is caused by the sole or active negligence or willful misconduct of City, its agents or
employees.
Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an
up-front defense against unproven claims or allegations, but shall pay or reimburse the
City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all
other costs and fees of litigation to the extent caused by the negligence, recklessness, or
willful misconduct of Consultant or its employees, officers, officials, agents or
independent contractors. However, the Consultant shall provide its immediate
cooperation to the City, at no additional cost to the City, in defending and resolving
such claims.
B. Claims for Other Liability.
For all liabilities other than those included within paragraph A. above,
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold harmless
the City and its officers, officials, agents, employees and volunteers from and against
any and all liability, claims, actions, causes of action or demands whatsoever against
any of them, including any injury to or death of any person or damage to property or
other liability of any nature, whether physical, emotional, consequential or otherwise,
arising out, pertaining to, or related to the performance of thisAgreement by Consultant
or Consultant's employees, officers, officials, agents or independent contractors. Such
costs and expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation.
13. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 5 of 14
paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any
of the above insurance covered by this certificate be canceled or coverage reduced
before the expiration date thereof, the insurer affording coverage shall provide thirty
30) days' advance written notice to the City of Cupertino by certified mail, Attention:
City Manager." It is agreed that Consultant shall maintain in force at all times during
the performance of this Agreement all appropriate coverage of insurance required by
this Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
1) Workers' Compensation:
Statutory coverage as required by the State of California.
2) Liabili :
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: 500,000
each occurrence
1,000,000
aggregate- all other
Property Damage: $100,000 each occurrence
250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: 500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 6 of 14
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
14. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form or Statement of Economic Interest (Form 700) if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700, et
seq.of the California Code of Regulations.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 7 of 14
15. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right
or interest by reason of such attempted assignment, hypothecation or transfer.
However, claims for money by Consultant from City under this Agreement may be
assigned to a bank, trust company or other financial institution without prior written
consent. Written notice of such assignment shall be promptly furnished to City by
Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant, shall be construed as an assignment of this Agreement. Control means fifty
percent (50%) or more of the voting power of the corporation.
16. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is obtained, only those people and sub-
consultants whose names are included in this Agreement shall be used in the
performance of this Agreement.In the event that Consultant employs sub-consultants,
such sub-consultants shall be required to furnish proof of workers' compensation
insurance and shall also be required to carry, at a minimum, general, automobile and
professional liability insurance equal to the insurance maintained by the Consultant as
required by this agreement. In addition, any work or services subcontracted hereunder
shall be subject to each provision of this Agreement.
17. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 8 of 14
18. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as. 'Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original Project by others;
3) Subsequent additions to the original project; and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute
the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City
holds Consultant harmless for any modifications to the documents.
19. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records
to the representatives of City or its designees during normal business hours, and gives
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services-PEI,Inc. Page 9 of 14
City the right to examine and audit same, and to make transcripts therefrom as
necessary, and to allow inspection of all work, data, documents, proceedings and
activities related to this Agreement. Such records,together with supporting documents,
shall be kept separate from other documents and records and shall be maintained for a
period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
20. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail,postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention:Roger Lee
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Pavement Engineering,Inc.
3820 Cypress Drive, Suite 3
Petaluma, CA, 94954-6964
Attention:Paul Curren
21. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. The City shall notify the Consultant of such
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 10 of 14
default,in writing, specifying the nature of such default and the steps necessary to cure
such default, If, after receipt by Consultant, such default is not cured within the time
specified, City may terminate the Agreement forthwith by giving to the Consultant
written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party
that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
documents, and other work performed by Consultant under this Agreement.
22. COMPLIANCES:
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City including, without limitation, the following.
A. PREVAILING WAGES: Consultant shall comply with the City's Labor
Compliance Program and all other requirements set forth in Labor Code section 1770 et
seq. Consultant shall pay prevailing wages. Consultant will submit monthly certified
payroll records to the City for all employees and subcontractors in a preapproved
format or a City provided form. Any delay in remitting certified payroll reports to the
City upon request from the City will result in either delay and/or forfeit of outstanding
payment to Consultant
B. WORKING DAY: Consultant shall comply with California Labor Code
Section 1810, et seq. which provides that work performed by employees of contractors
in excess of 8 hours per day, and 40 hours during any one week,must be compensated
as overtime, at not less than 1 1/times the basic rate of pay.
C. PAYROLL RECORDS: Consultant shall comply with California Labor
Code Section 1776 which requires certified payroll records be maintained with the
name, address, social security number,work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice,worker, or other employee employed by him or her in
connection with this Agreement. The Payroll Records shall be made available for
inspection as provided in California Labor Code Section 1776.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 11 of 14
D. APPRENTICES: Consultant shall comply with California Labor Code
Section 1777.5 regarding apprentices.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
24. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
25. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 12 of 14
26. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in City
Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may have in
law or equity, City may terminate this Agreement for such breach as provided in
Section 19 of this Agreement.
27. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
such insertion on application by either party.
28. REPRESENTATION OF AUTHORITY:
The person executing this agreement on behalf of the CONSULTANT does hereby
represent and warrant that the CONSULTANT is a sole proprietor in the State of
California and has full right, power, and authority to enter into and carry out all actions
contemplated by this Agreement.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF,the parties have caused the Agreement to be executed.
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 13 of 14
47
CONSULTANT CI'T'Y OF CUPERTINO
Pavement Engineering Inc.A Municipal Corporation
A California Corporation
By By
William f.Long Timm Borden,Director of Public Works
Title: Vice President
Date
Date sr13 / IS
APPROVED AS TO FORM:
Tax I.D.No.: 'C9 C 9
Address:Carol Korade, City Attorney
3820 Cypress Drive,Suite 3,
Petaluma,CA, 94954-6964 ATTEST:
6r CS
Grace Schmidt, City Clerk
Contract Amount: $431,000
Account No.:270-85-821-900-921
City of Cupertino Consultant Master Agreement
Construction Management&Asphalt Testing Services—PEI,Inc. Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide certain Inspection/Quality Control and Construction
Management services as required and requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an"as needed"
basis and only(1)upon written request from the CITY's Director of Public Works or authorized
Agent as defined in Section 11,PROJECT COORDINATION and(2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1-GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Inspection and Construction
Management Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services,the time limit within which such services must be
completed,and the compensation for such services.Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Inspection/Quality Control and Construction Management
services for various CITY Public Works projects.All services performed shall be authorized by a
fully executed SERVICE ORDER prior to work commencement. Consultant services under this
Master Agreement may include,but are not limited to:
City of Cupertino Exhibit A-Scope of Services
Inspection/Quality Control and Construction Management Services—PEI Inc. Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
A. Inspection/Quality Control Phase
1. Support asphalt testing of various City projects. Coordinate with designated City
staff, City consultants and Contractor as required.Services to include:
a. Attend and participate in field meetings.
b. Assist City designated Project Manager with quality control of materials and
processes as required by Contract documents.
c. Timely perform all required asphalt testing as required by Contract
documents.
d. At the direction of the Project Manager,assist with daily inspection reports.
e. At the direction of the Project Manager,collect and review material tags,test
results and other records as required by Contract documents.
f. Files (both hard copies and electronic copies) containing the above along with
communications,City instructions,punch lists and other project information
will be maintained.
B. Construction Phase:
1. Support City staff and City designated Project Manager with construction
management of various City projects.Services to include:
a. Attend and participate in field meetings.
b. At the direction of the Project Manager,assist with tabulation of bid
quantities as needed to review and recommend pay requests from contractor.
c. Timely refer Contractor questions in the field to the Project Manager.
d. Coordinate with Project Manager the Contractor implementation of the
various traffic control plans.
e. Coordinate with Project Manager local resident and business concerns
including access to driveways,maintenance of work areas,noise complaints
and needs of temporary signage.
f. Report to designated Project Manager any questions or concerns that
materially affect cost, quality,time,safety or relations with residents/
businesses.
g. Files (both hard copies and electronic copies) containing the above along with
communications, City instructions,punch lists and other project information
will be maintained.
h. Ability to act on behalf of Project Manager during Project Manager absence.
L Ability to match Project Manager&Contractor work schedule,including
work at night.
END OF EXHIBIT
City of Cupertino Exhibit A-Scope of Services
Inspection/Quality Control and Construction Management Services—PEI Inc.Page 2 of 2
EXHIBIT P
SERVICE ORDER PROCESS
The CONSULTANT shall provide services under the Master Agreement on an"as needed"
basis and only(1)upon written request from the CITY's Director of Public works or authorized
Agent as defined in Article 11,Project Coordination, and (2) as defined in a fully executed
Service Order.
SECTION 1—SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement.The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services,performance schedule, and compensation to the
City.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a Project Service Order consistent with the City's standard form,
Service Order, and Exhibit A.The Service Order shall, at a minimum,include (1 specific
scope of services, deliverables, schedule of performance and compensation.
SECTION 2—SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Article 11 of the Master Agreement,Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall ne at no cost to
the City.
F. The maximum compensation authorized by a single Service Order and/or aggregate of
Service Orders shall not exceed the maximum compensation set forth in Article 4 of the
Master Agreement.
END OF EXHIBIT
City of Cupertino Exhibit B-Service Order Process
Construction Management&Asphalt Testing Services—PEI,Inc. Page 1 of 1
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant's total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order,unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated per the hourly rate(s) for all work performed
under authorized Service according to the professional fee schedules on page 3,4,5 &6
of this Exhibit.
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
Individual or multiple document reproductions that exceed 50 pages;
Drawing or bid set reproductions;
Software required by City other than Microsoft Word, Excel,PowerPoint, and
Project;Adobe Acrobat; and a photo editor program.
Travel expenses to the extent allowed by City policy;
Sub-consultants required by project scope of services;
Safety equipment required by City policy or the project scope of services;
Mass mailing notifications;
Expenses for public meetings, such as refreshments, interpreters, security,valet
parking,facility rental,tents or booths, easels,markers,paper,presentation
equipment.
City of Cupertino Exhibit C-Compensation
Construction Management&Asphalt Testing Services—PEI,Inc. Page 1 of 6
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant for such reimbursable expenses or ly with
prior written authorization by the City representative designated in Article 11, Project
Coordination, of the Master Agreement. All compensation,including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 51h business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be addressed to City at:
Attention: Roger Lee
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services,the number of hours,hourly rate,
reimbursable expenses,Service Order maximum compensation,Service Order compensation to
date including invoice number,total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to:
Attention:Paul Curren
Pavement Engineering Inc.
3820 Cypress Drive,Suite 3
Petaluma, CA 94954-5613
City of Cupertino Exhibit C-Compensation
Construction Management&Asphalt Testing Services—PEI,Inc. Page 2 of 6
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PROFESSIONAL FEE SCHEDULE
p1 MP14-211
IDF-3
TOW CONSTRUCTION ENGINEERING&RELATED ACTIVITIES Rate
300 ISenior Principal Engineer 195/hr
301 IPrincipal Engineer/Landscape Architect 175/hr
302 Senior Associate Engineer/Landscape Architect 155/hr
M 303 Associate EngineerCn145/hr
304 Assistant Engineer 140/hr
305 Project&Construction Managers 150/hr
306 Senior Engineering Technician 130/hr U) tz
307 1 Engineering Technician b
308 loomputer Technician 110/hr f
309 Clerical
651hr 0
TOW PREVAILING WAGE WORK
340 JPW Project Inspector 150/hr
341 PW Laydown Inspector 150/hr
342 PW Compaction Testing 150/hr
343 PW Project Inspector-Overtime 185/hr
344 PW Project Inspector-Doubletime 210/hr
348 PW Travel 125/hr
349 PW Asphalt Plant Inspector 145/hr
350 JPW Sample Pickup 85/hr
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3820 Cypress Drive,Suite 3 Petaluma,CA 94954-5613 TeL(707)769-5330 . Fax(707)769-533320260SkyparkDrive - Redding,CA - 96002-9221 • Tel.(530)224-4535 • Fax(530)224-45393485SacramentoDrive,Suite • San Luis Obispo,CA • 93401-7156 • Tel.(805)781-2265 • Fax(805)781-?_267
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ALL FEE'S ARE BASED ON THE ASSUMPTION THAT SAMPLES WILL BE DELIVERED TO PEPS TESTING LABORATORY
rt TOW SOILS&HMA TESTING
Cost,
2° 500 Senior Principal Engineer
205
501 Principal Engineer
175
502 Associate Engineer
150
504 Laboratory Technician
100fD
505 Sample Pickup 85
506 Field Sampling 105
h
510 Lab Trailer Mobilization
2,000
520 Moisture Content(ASTM C566,ASTM D2216,CTM 225) 30
W 521 Plasticity Index(ASTM D4318,CTM 204) 100
522 R-value(ASTM D2844,CTM 301) md X325t'<1H523TotalSieveAnalysis(ASTM C136,CTM 202)
n 524 Sieve Analysis(Course Only)(ASTM 0136)
125$
65
525 Sieve Analysis(Fine Only)(ASTM C136,CTM 202) 85 r)
526 Total Sieve Analysis on Ignition Ovem Sample
100
527 Specific Gravity(ASTM C97,CTM 206 u 224)
90
528 Cleanness Value(CTM 227)
110
529 Sand Equivalent(ASTM D2419,CTM 217) 110
530 Durability factor(ASTM D4886,CTM 229)
110
531 Crushed Particles(CTM 205)
65
532 Cement Treated Base(CTM 312)
285
to
533 Specific Gravity(Coarse)(CTM 206,CTM 224,ASTM C127)
70
534 Specific Gravity(Fine)(CTM 207,CTM 208,CTM 225,ASTM C128)110
a 535 Durability(Coarse)(CTM 229,ASTM D3744,ASTM D4886) 110
n 1536 Durability(Fine)(CTM 229,ASTM D3744,ASTM D4886) 110
c 537 Asphalt Content by Nuclear Method(CTM 379) 135
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0 538 Calibration of Nuclear Asphalt Content Gauge(CTM 379)
350539TreatedSoilDesign(CTM 301)
oQ 375540MaximumDensityCurve(ASTM 0-1557,ASTM D-698,AASHTO T180)
275
0 541 Maximum Density Check Point(ASTM D-1557,ASTM D-698,AASHTO T180) 85542SoilorAggregateMoistureContent(CTM 226,CTM 311,CTM 370,ASTM D2216,ASTM C5fi6) 30543jAbraslonResistancebyLosAngelesRattler(ASTM 0131,CTM 211)195
n 544 Abrasion Resistance by Los Angeles Rattler,1000 Revolutions(ASTM 0638) 195545Cal216(Wet or Dry)
165P9546Cal216CheckPoint(CTM 216F,CTM 216G)
90547PlasticLimitASTMD4318,CTM 204)
55548LiquidLimit(ASTM D4318,CTM 204)
55
W 549 Weight per Cubic Foot,Loose(ASTM 029,CTM 212)
60550Stability(CTM 366)
130551Swell(CTM 305)
100552MaximumTheoreticalUnitWeight,Rice Gravity(ASTM D2041,CT 309)
512553UnitWeight,Core Specimen(CTM 308)
2
554 Asphalt Content(Ignition Method,CTM 382)
160 to555ACSpecimenUnitWeight-Paraffin Coated(CTM 308,ASTM D1188)
60 a556ACMixDesignReview(CTM 303,CTM 304)
6
0557LaboratoryCompactedUnitWeight(CTM MOM,ASTM D2726)
220558FilmStripping(CTM 302)
75 0559CrushedParticlesperBinSize(CTM 205)
170560Flat&Elongated Particles(ASTM D4791)
170561Extraction,Percent Bitumen&Sieve Analysis(ASTM 3172,CTM 310,CTM 202) 175562MixDesign
70563TensileStrengthRatio(AASHTO T283,CT 371)
900564TestStrip
06$6565MoistureVaporSusceptibility(CTM 3D7)
0x566BumoffCalibration(CT 382)
250
570 AC Mix Test(CT 304,/308/3091366)
525
1,0
5571TestStripLabWorkn
572 HMA Production Startup
00
573 Porous Pavement Mix Design
950
850
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574 Lab Compaction(CTM$08 5)
200
575 Hamburg Wheel Track Testing 1
580 Specific Gravity,Clay(ASTM D854,ASTM
1, 00
D422,CTM 209)
1,1$
100
D S81 Sulfate Soundness(CT 214,ASTM CBB
350
RI 582 Absorption,Sand or Gravel(ASTM C127,ASTM C128)
50
584 CKE Coarse(CTM 303,ASTM 85148)
100
585 CKE Fine(CTM 303,ASTM 85148)
rt 585 Organic Impurities in Fine Aggregates(AASHTO 721,ASTM C40)
100$
100
587 Ciay Lumps and Friable Particles in Aggregates(AASHTO T112,ASTM C142) 100
588 Fine Aggregate Angularity(AASHTQ T304)
185590UnconflnedCompressiveStrengthofCompactedSoil-Lime(ASTM D5102) 65
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